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1927 Supreme(SC) 35

Daing Soharah Binte Daing Tadaleh and another – Appellant
Versus
Chabak Binte Lasaliho and another – Respondent


Advocates Appeared:
E.F. Turner and Sons, Mumford and Craig, Speechley, Cecil W. Turner, W. Greene, H.C. Bischoff, H.B. Vaisey

Viscount Haldane. -

The appellants are two of the plaintiffs in an action in the Supreme Court of the Straits Settlements (Singapore Settlement) which they brought against the respondents. The first respondent was sued as administratrix of the appellants' nephew, Hadji Mohamed Said, deceased, and the second respondent was sued as the administrator of their niece, Etendir binte Laplamni, deceased. The claim was to set aside an assignment, dated 19th September 1921, under which the appellants and a deceased sister, who was originally to be their co-plaintiff, had assigned to Hadji Mohamed Said and Etendir binte Laplamni all their interest in leasehold property belonging to them at Singapore, and for an account of all moneys received by Hadji Mohamed Said since the 30th December 1919, the date on which he had been appointed as the plaintiffs' attorney in regard to the leasehold property in dispute. The only question in this appeal is whether, in the circumstances, and having regard to the alleged fiduciary position of the attorney, the assignment was binding on the plaintiffs. The first respondent as administratrix of Hadji did not dispute her liability to account for the rents receiv












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